Up for retention and a second 10-year term on the York County Court of Common Pleas, Judge Thomas H.

Judge Thomas H. Kelley VI (Daily Record/Sunday News - File)

Kelley VI no longer has a criminal investigation hanging over his head.

Thursday, Kelley's attorney, Chris Ferro, released copies of a Jan. 25 letter from the Pennsylvania Attorney General's Office to York County District Attorney Tom Kearney advising that Kelley would not be criminally charged.

Kelley had been accused of physically assaulting Janan M.E. Tallo, a now former assistant public defender, on Feb. 8, 2011 in his York Township home. Tallo said she suffered a broken right elbow and other injuries when Kelley threw her to the floor.

The attorney general's letter reads that upon review of the evidence, law and other standards: "It is our office's opinion that the matter should not be the subject of a criminal prosecution."

In an emailed statement, Ferro said Thursday, "I'm pleased that the AG took the formal step of closing their investigation. I have always been of the opinion that this investigation should have never been initiated.

"The allegations made against Judge Kelley were untrue from their inception and without merit. We cooperated fully with the investigation and were able to provide the AG with a significant amount of information supporting the judge's innocence and attacking the credibility of the accuser.

"The letter from the AG to the District Attorney was long overdue, but a welcome end to this long saga."

Kearney had referred the matter to the attorney general's office in February 2011.

An out-of-county judge granted Tallo a Protection From Abuse order against Kelley in March 2011 after they consented to an "agreement without an admission."

President Judge Stephen P. Linebaugh moved Kelley from criminal court to civil court to avoid Kelley making rulings on cases handled by Tallo's co-workers.

Suzanne Smith, Tallo's attorney, said the AG's decision was "unfortunate."

"We cannot speak as to why they chose not to prosecute and we adamantly disagree with that decision," Smith said in a written statement. "It was not Ms.Tallo's choice to have the Attorney General's Office involved in this matter. The local police department was willing to investigate the matter, but was not permitted. Ms. Tallo cooperated fully with the Attorney General's Office and has always provided truthful statements regarding the events."

Ferro said that Kelley would not be commenting on the matter and had asked that all questions be referred to Ferro.